A Senior Legal Officer at the Fiji Revenue & Customs Authority (FRCA) appeared in the Suva High Court on Friday 7 October 2011 where she pleaded Not Guilty to one charge of Abuse of Office – Contrary to Section 111 of the Penal Code Cap 17.

Faranisese Gavidi appeared before High Court Judge Salesi Temo with her lawyer Aca Rayawa and entered a not guilty plea after being read the charge filed against her by Fiji Independent Commission Against Corruption (FICAC).

At the  outset Rayawa   sought  the permission of the  court  to  withdraw the  application for  quashing the  information and the  charges  filed  by  him on  behalf  of Faranisese Gavidi stating  that   she  cannot  swear a fresh affidavit as the  affidavit  filed  by her in the court  has been misplaced. He  further  submitted  that   the   presiding judge has  made  some  comments on the   said   affidavit  and therefore    it  cannot  be used now  by him.

Court  granted  Rayawa permission to  withdraw the  application for  quashing the  information and the  charges filed  by him.

FICAC Prosecutor Nawarathne Marasinghe informed the court that the prosecution still intended to consolidate this matter with that of FRCA suspended Taxation Manager, Vimal Krishna. He suggested that upon trial, a period of two weeks be given, as there were a lot of interconnected documents involved.

Rayawa raised strong objections to FICAC’s intentions to consolidate the two cases, saying that if the cases were consolidated he would not be able to appear for Gavidi and therefore both he and his clients’ rights would be strongly prejudiced.

Marasinghe argued this, stating that Krishna had his own lawyer and Rayawa would not be expected to appear on his behalf. He told the court that as the Counsel for the prosecution he had to pursue the consolidation application, as there were strong grounds available to do so.

The court raised the issue of fair trial to the prosecution saying that there was a possibility that Krishna may put questions to Gavidi.

Rayawa told the court in such case that he  will not  be  able to cross-examine  Vimal Krishna to avoid Krishna trying to pin the blame on his client. Marasinghe   submitted   that  Rayawa was the   Prosecuting Counsel  who  brought Vimal Krishna to court and   filed  charges against him and  therefore  it is  for  him  to  seriously   think about his professional ethics.

Justice Temo suggested that the matters be tried separately to save State funds and to ensure the rights of both accused persons be maintained. Marasinghe  submitted that as the  accused has  the  right  for  fair  trial,  prosecution  too  has  its  rights  for  fair  trial and  if  both  cases are not consolidated then  in that event the  rights of the  prosecution  would  be  prejudiced.

Marasinghe said that he would  file    necessary  papers and  asked that both counsels be allowed to make submissions to this regard and told the court that the prosecution could file their submissions by 18 October 2011 and  court  may  come to a faire conclusion  thereafter in this regard.

The matter is adjourned to 21 October 2011.